San Diego Federal Criminal Justice Act (CJA) Panel

Courts and other Agencies

JUDGES SCOOP:

Note: Information in this section is unattributed. Please send an e-mail with any additional information about judge's courtroom practices, so the defense community can benefit from this information.
(Note: Please, nothing of a personal nature and nothing libelous)
 

District Judges (By Seniority):

  • (IEG) The Honorable Irma E. Gonzalez, Chief Judge
    • Born March 29, 1948, in Palo Alto, CA
    • Federal Judicial Service:
      • U. S. District Court, Southern District of California
      • Nominated by George Bush on April 9, 1992, to a seat vacated by J. Lawrence Irving; Confirmed by the Senate on August 11, 1992, and received commission on August 12, 1992.
    • Education:
      • Stanford University, B.A., 1970
      • University of Arizona College of Law, J.D., 1973
    • Professional Career:
      • Law clerk, Hon. William C. Frey, U.S. District Court, District of Arizona, 1973-1975
      • Assistant U.S. attorney, Criminal Division, U.S. Attorney's Office, Arizona, 1975-1979
      • Trial attorney, U.S. Department of Justice, Antitrust Division, Los Angeles, California, 1979
      • Assistant U.S. attorney, Criminal Division, U.S. Attorney's Office, Central District of California, 1979-1981
      • Private practice, San Diego, California, 1981-1984
      • U.S. Magistrate, U.S. District Court for the Southern District of California, 1984-1991
      • Judge, California Superior Court, San Diego County, 1991-1992

    • Courtroom History and Rulings
      • (MOT) Requires declarations for most evid. hearings
      • (MOT) Refused to suppress when (D) was in custody 13 hours.
      • (Trial) Denies defense use of mental experts.
      • (Trial) Allows attorney voir dire.
      • (Trial) No Cordoba, no structure.
      • (Sentencing) Strict; must document your requests.
      • (Sentencing) No Role in 1324 Cases without agreement.
      • (Sentencing) Has given -1 to defense for pleading before magistrate, but under combination of circumstances.
      Other Information:
  • (MLH) The Honorable Marilyn L. Huff
    • Born March 6, 1951, in Ann Arbor, MI
    • Federal Judicial Service:
      • U. S. District Court, Southern District of California
      • Nominated by George Bush on March 12, 1991, to a seat vacated by William B. Enright
      • Confirmed by the Senate on May 9, 1991, and received commission on May 14, 1991.
      • Served as chief judge, 1998-2005
    • Education:
      • Calvin College, B.A., 1972
      • University of Michigan Law School, J.D., 1976
    • Professional Career:
      • Private practice, San Diego, California, 1976-1991
    • Courtroom History and Rulings
      • (MOT) Requires declarations for evidentiary hearings
      • (Trial) Gives you leeway if simpathetic client.
      • (Trial) No attorney vior dire
      • (Trial) No Cordoba.
      • (Sentencing) Will go along with most Plea agreements.
      • (Sentencing) No Role in 1324 Cases without agreement.
      • (Sentencing) Secretary will call if sentencing chart is late.
      • (Sentencing) Has given -2 for fast track in straight-up pleas.
      • (Sentencing) Will Sometimes give -1 to defense for pleading before magistrate.
    • Criminal Pretrial and Trial Procedures (click here)


  • (BTM) The Honorable Barry Ted Moskowitz
    • Born August 17, 1950, in Patterson, NJ
    • Federal Judicial Service:
      • U. S. District Court, Southern District of California
      • Nominated by William J. Clinton on June 30, 1995, to a new seat created by 104 Stat. 5089
      • Confirmed by the Senate on December 22, 1995, and received commission on December 26, 1995.
    • Education:
      • Rutgers College, B.A., 1972
      • Rutgers University School of Law, J.D., 1975
    • Professional Career:
      • Law clerk, U.S. Court of Appeals, Third Circuit, 1975-1976
      • Assistant U.S. attorney, District of New Jersey, 1976-1982
      • Private practice, Wayne, New Jersey, 1982-1985
      • Assistant U.S. attorney, Southern District of California, 1985-1988
      • U.S. Magistrate, U.S. District Court for the Southern District of California, 1986-1995
    • Courtroom History and Rulings
      • (MOT) Requires declarations for most evidentiary hearings
      • (MOT) Will order rough notes of clients' statements
      • (Trial) Argues legal issues for government. May be worried about reversal.
      • (Trial) Allows attorney vior dire.
      • (Trial) No Cordoba, but allows structure and value.
      • (Trial) Cures record for government
      • (Trial) Gives Devitt reasonable doubt instruction.
      • (Sentencing) Role possible in 1324 cases
      • (Sentencing) Gives obstruction if (D) testifies.
      • (Sentencing) Will find danger in 1324 cases, evin if not in plea agreement.
      • (Sentencing) Plea agreements are NOT safe.
      • (Sentencing) Has given -2 for fast track for straight-up pleas.
      • (Sentencing) Will Sometimes give a point to defense for pleading before magistrate. Must show you are saving court time and resources (e.g. Don't file Extensive Sentencing documents).
      • Now limits the number of sentencing documents defense counsel may file, unless special permission given ahead of time.
    • Criminal Sentencing Document Rules (click here)


  • (JM) The Honorable Jeffrey T. Miller

    • Born 1943 in New York, NY
      Federal Judicial Service:
      • Judge, U. S. District Court, Southern District of California
      • Nominated by William J. Clinton on January 7, 1997, to a seat vacated by Gordon Thompson, Jr.
      • Confirmed by the Senate on May 23, 1997, and received commission on May 27, 1997.
      Education:
      • University of California, Los Angeles, B.A., 1964
      • University of California, Los Angeles, School of Law, J.D., 1967
      Professional Career:
      • Deputy state attorney general, California, 1968-1987
      • Judge, California Superior Court, San Diego County, 1987-1997
      Courtroom History and Rulings
      • (MOT) Takes seriously, especially if not boilerplate.
      • (MOT) No declarations required for evidentiary hearings.
      • (Trial) Allows extensive voir dire.
      • (Trial) Must submit voir dire questions and jury instructions in advance of trial.
      • (Trial) Limited speaking objections.
      • (Trial) Unhappy when questioned about his rulings.
      • (Trial) Prefers parties to stipulate to issues before trial.
      • (Trial) Fair, great jury instructions.
      • (Trial) Has given diminished capacity instruction.
      • (Trial) Denied flight as evidence of guilt instruction.
      • (Sentencing) Good if gov. is not opposing, speculates about defendant.
      • (Sentencing) Has given stip deport if not in plea agreement.
      • (Sentencing) Know your PSR cold, he will question small points.
      • (Other) Extreme dislike of people talking in courtroom.
      Other Information:
  • (W) The Honorable Thomas J. Whelan
    • Born 1940 in San diego, CA
    • Federal Judicial Service:
      • Judge, U. S. District Court, Southern District of California
      • Nominated by William J. Clinton on June 4, 1998, to a seat vacated by John S. Rhoades
      • Confirmed by the Senate on October 21, 1998, and received commission on October 22, 1998.
    • Education:
      • University of San Diego, B.A., 1961
      • University of San Diego School of Law, J.D., 1965
    • Professional Career:
      • Contracts administrator, planner, and estimator, General Dynamics Corp., 1961-1969
        Deputy district attorney, San Diego, CA, 1969-1989
        Judge, Superior Court of California, San Diego County, CA, 1990-1998
    • Courtroom History and Rulings
      • (MOT) Requires declarations for evidentiary hearings.
      • (MOT) Has dismissed on passenger doctrine.
      • (Trial) Allows extensive voir dire if questions are pertinent and uses State court strike method.
      • (Sentencing) Will go with plea agreement.
      • Fast dispos require you to listen carefully.
      Other Information:

     

  • (L) The Honorable M. James Lorenz
    • Born 1935 in Pasadena, CA
    • Federal Judicial Service:
      • Judge, U. S. District Court, Southern District of California
        Nominated by William J. Clinton on March 8, 1999, to a seat vacated by Rudi M. Brewster;
      • Confirmed by the Senate on October 1, 1999, and received commission on October 5, 1999.
    • Education:
      • University of California at Berkeley, B.A., 1957
        California Western School of Law, J.D., 1965
    • Professional Career:
      • Deputy district attorney, San Diego County District Attorney's Office, CA, 1966-1978
        U.S. Attorney's Office, Southern District of California, 1978-1981
        First assistant, U.S. Attorney, 1978-1980
        Court appointed U.S. Attorney, 1980-1981
        Private practice, San Diego, CA, 1982-1999
    • Courtroom History and Rulings
      • (MOT) No declarations required for evidentiary hearings.
      • (MOT) Will continue motions to in limines.
      • (MOT) Will change evidentiary rulings during trial if persuaded.
      • (Trial) Allows attorney vior dire if persuaded (10 mins).
      • (Trial) Voir Dire questions do not need to be submitted in advance.
      • (Trial) Allows Speaking Objections.
      • (Trial) Allows Sidebars (clerks will be present).
      Other Information:

     

  • (LAB) The Honorable Larry A. Burns
    • Born 1954 in Pasadena, CA
    • Federal Judicial Service:
      • Judge, U. S. District Court, Southern District of California
      • Nominated by George W. Bush on May 1, 2003, to a new seat created by 116 Stat. 1758
      • Confirmed by the Senate on September 24, 2003, and received commission on September 25, 2003.
      • U.S. Magistrate Judge, U.S. District Court for the Southern District of California, 1997-2003
    • Education:
      • Point Loma College, B.A., 1976
      • University of San Diego School of Law, J.D., 1979
    • Professional Career:
      • Deputy district attorney, San Diego County, California, 1979-1985
      • Assistant U.S. attorney, Southern District of California, 1985-1997
    • Courtroom History and Rulings
      • (MOT) Requires declarations  for evidentiary hearings.
      • (MOT) Will question witnesses at hearing.
      • (MOT) Cures record like BTM.
      • (MOT) Dislikes continuances of motions hearing.
      • (MOT) Will continue hearing to in limines with reason.
      • (Trial) May allow attorney vior dire if persuaded (5-10 mins).
      • (Trial) No Speaking Objections.
      • (Trial) Dislikes Sidebars.
      • (Trial) Sticks to 9th Circuit Jury Instructions.
      • (Trial) Client will be bucketed after trial if on bond.
      • (Sentencing) VERY tough sentencer.
      • (Sentencing) Will follow plea agreement.
      • (Sentencing) No role in 1324 unless in agreement.
      • (Sentencing) No departures.
      • (Sentencing) Does not allow self-surrender.
    • Standing Orders in Criminal Cases (click here)

     

  • (DMS) The Honorable Dana M. Sabraw
    • Born 1958 in San Rafael, CA
    • Federal Judicial Service:
      • Judge, U. S. District Court, Southern District of California
      • Nominated by George W. Bush on May 1, 2003, to a new seat created by 116 Stat. 1758
      • Confirmed by the Senate on September 25, 2003, and received commission on September 26, 2003.
    • Education:
      • American River Junior College, A.A., 1978
      • San Diego State University, B.S., 1980
      • University of the Pacific, McGeorge School of Law, J.D., 1985
    • Professional Career:
      • Private practice, San Diego, California, 1985-1989
      • Private practice, Santa Barbara, California, 1989-1995
      • Judge, North County Municipal Court, County of San Diego, California, 1995-1998
      • Judge, Superior Court for the State of California, County of San Diego, California, 1998-2003
    • Courtroom History and Rulings
      • (MOT) No declarations required for evidentiary hearings.
      • (MOT) Will listen to arguments.
      • (MOT) Will continue hearing to in limines.
      • (Trial) Allows attorney vior dire if persuaded (10 mins).
      • (Trial) Questions do not need to be submitted.
      • (Trial) Will not raise own objections.
      • (Trial) Gives considerable latitude to try case.
      • (Trial) Requires Jury Instructions in advance.
      • (Trial) Will give theory of defense instruction.
      • (Trial) Sticks to 9th Circuit Jury Instructions.
      • (Trial) No speaking objections.
      • (Trial) Will allow sidebars.
      • (Trial) Will grant mistrials.
      • (Sentencing) Will follow plea agreement.
      • (Sentencing) Will depart if clear in departure papers, but prefers shorter pleadings.
      • (Sentencing) Does allow self-surrender.
    • Criminal Pretrial and Trial procedures (click here)

 

  • (WQH) The Honorable William Q. Hayes
    • Born 1956 in Bronxville, NY
    • Federal Judicial Service:
      • Judge, U. S. District Court, Southern District of California
      • Nominated by George W. Bush on May 1, 2003, to a new seat created by 116 Stat. 1758
      • Confirmed by the Senate on October 2, 2003, and received commission on October 6, 2003
    • Education:
      • Syracuse University, B.S., 1978
      • Syracuse University School of Law, J.D., 1983
      • Syracuse University Graduate School of Business, M.B.A., 1983
    • Professional Career:
      • Private practice, 1983-1986
      • Adjunct faculty, National College, 1984-1985
      • Adjunct faculty, University of Colorado at Denver, 1985-1986
      • Chief, Criminal Division, U.S. Attorney's Office, Southern District of California, 1987-2003
      • Adjunct faculty, Thomas Jefferson School of Law, 1989-1996
      • Adjunct faculty, University of San Diego Law School, 1998
    • Courtroom History and Rulings
      • (MOT) Requires declarations for evidentiary hearings.
      • (MOT) Must file motions on time.  Argue waiver if AUSA is late with reply.
      • (MOT) Will not continue hearing to in limines.
      • (Trial) Allows attorney vior dire if persuaded (10 mins).
      • (Trial) Voir dire questions and jury instructions must be submitted in advance.
      • (Trial) Sticks to 9th Circuit Jury Instructions.
      • (Sentencing) Will follow plea agreement.
      • (Sentencing) Will bucket client after trial.
      • (Sentencing) Does allow self-surrender.
    • Criminal Pretrial and Trial Procedures (click here)

 

  • (JAH) The Honorable John A. Houston
    • Born 1952 in Greensboro, NC
    • Federal Judicial Service:
      • Judge, U. S. District Court, Southern District of California
      • Nominated by George W. Bush on May 1, 2003, to a new seat created by 116 Stat. 1758
      • Confirmed by the Senate on October 2, 2003, and received commission on October 7, 2003
      • U.S. Magistrate Judge, U.S. District Court for the Southern District of California, 1998-2003
    • Education:
      • North Carolina A & T State University, B.S., 1974
      • University of Miami at Coral Gables School of Law, J.D., 1977
    • Professional Career:
      • U.S. Army Reserve, 1974-1978, 1981-present
      • U.S. Army, Judge Advocate General Corps, 1978-1981
      • Assistant U.S. attorney, U.S. Attorney's Office, Southern District of California, 1981-1987
      • Chief, Asset Forfeiture Unit, U.S. Attorney's Office, Southern District of California, 1987-1994
      • Senior counsel for asset forfeiture, U.S. Attorney's Office, Southern District of California, 1994-1996
      • Senior financial litigation counsel, U.S. Attorney's Office, Southern District of California, 1996-1998
    • Courtroom History and Rulings
      • (MOT) Requires declarations for evidentiary hearings.
      • (MOT) Easy on continuances if notified in advance.
      • (MOT) Will continue hearing to in limines upon request.
      • (Trial) Allows attorney vior dire if persuaded (15 mins).
      • (Trial) Asks standard voir dire, but no follow up.
      • (Trial) Jury instructions must be submitted a full day in advance of trial.
      • (Trial) Will reverse himself on evid. rulings during trial.
      • (Trial) Allows Speaking objections and sidebars.
      • (Trial) Lets in CNER.
      • (Trial) Conducts hands-off trial and allows parties to question.
      • (Sentencing) Will depart with reasons.
      • (Sentencing) Gives role in 1324.
      • (Sentencing) Does allow self-surrender.

    • Other Information:

     

  • (BEN) The Honorable Roger T. Benitez

  • Born 1950 in Philadelphia, PA
  • Federal Judicial Service:
    • Judge, U. S. District Court, Southern District of California
    • Nominated by George W. Bush on March 19, 2007, to a seat vacated by Judith Nelsen Keep; Confirmed by the Senate on September 10, 2007, and received commission on September 21, 2007.
  • Education:
    • Occidental College, A.B., 1972
    • University of Notre Dame Law School, J.D., 1975
  • Professional Career:
    • Law clerk, Hon. Douglas Seely, Superior Court, St. Joseph County, Indiana, 1975-1976
    • Deputy city attorney, San Diego City Attorney's Office, California, 1976-1994
    • Judge, Municipal Court of the City of San Diego, California, 1994-1995
    • Judge, Superior Court of San Diego County, California, 1995-2007
  • Courtroom History and Rulings
    • No adequate reports yet

 

  • Born 1943 in Miami, FL
  • Federal Judicial Service:
    • Judge, U. S. District Court, Southern District of California
    • Nominated by George W. Bush on April 30, 2008, to a seat vacated by Napoleon A. Jones; Confirmed by the Senate on September 26, 2008, and received commission on October 10, 2008.
  • Education:
    • Bowdoin College, B.A., 1965
    • Georgetown University Law Center, J.D., 1968
  • Professional Career:
    • United States Marine Corps, Active Duty, 1968-1972
    • United States Marine Corps Reserve, 1973-1990
    • Deputy city attorney, San Diego City Attorney's Office, California, 1972-1973
    • Private practice, San Diego, California, 1973-1998
    • Judge, San Diego Superior Court, 1998-2008
  • Courtroom History and Rulings

 

Senior Judges:

  • (T) The Honorable Howard B. Turrentine
    • Born January 22, 1914, in Escondido, CA
    • Federal Judicial Service:
      • U. S. District Court, Southern District of California
      • Nominated by Richard M. Nixon on February 19, 1970, to a seat vacated by Fred Kunzel; Confirmed by the Senate on April 23, 1970, and received commission on April 24, 1970. Served as chief judge, 1982-1984. Assumed senior status on January 22, 1984.
    • Education:
      • San Diego State College, A.B., 1936
      • University of Southern California Law School, LL.B., 1939
    • Professional Career:
    • Private practice, San Diego, California, 1939-1841
      • Deputy city attorney, San Diego, California, 1940-1941
      • U.S. Navy Lieutenant Commander, 1941-1945
      • Private practice, San Diego, California, 1945-1968
      • Member, Selective Service Appeals Board, 1966
      • Judge, Superior Court, County of San Diego, 1968-1970

    • Other Information:

    • (GT) The Honorable Gordon Thompson Jr.
      • Born December 28, 1929, in San Diego, CA
      • Federal Judicial Service:
        • U. S. District Court, Southern District of California
        • Nominated by Richard M. Nixon on October 7, 1970, to a new seat created by 84 Stat. 294; Confirmed by the Senate on October 13, 1970, and received commission on October 16, 1970. Served as chief judge, 1984-1991. Assumed senior status on December 28, 1994.
      • Education:
        • University of Southern California, B.S., 1951
        • Southwestern University School of Law, LL.B., 1956
      • Professional Career:
        • Deputy district attorney, County of San Diego, California, 1957-1960
        • Private practice, San Diego, California, 1960-1970


    • (E) The Honorable William B. Enright
      • Born July 12, 1925, in New York, NY
      • Federal Judicial Service:
        • U. S. District Court, Southern District of California
        • Nominated by Richard M. Nixon on June 13, 1972, to a seat vacated by J. Clifford Wallace; Confirmed by the Senate on June 28, 1972, and received commission on June 30, 1972. Assumed senior status on July 12, 1990.
      • Education:
        • Dartmouth College, A.B., 1947
        • Loyola Law School, Los Angeles, CA, LL.B., 1950
      • Professional Career:
        • U.S. Navy Reserve, 1943-1944
        • U.S. Naval Reserve, JAG Corps, 1947-1962
        • Deputy district attorney, San Diego, County, 1951-1954
        • Private practice, San Diego, California, 1954-1972
      • Courtroom History and Rulings
        • Will frequently give high end of plea agreements.
      • Other Information:
  • (B) The Honorable Rudi M. Brewster
    • Born May 18, 1932, in Sioux Falls, SD
    • Federal Judicial Service:
      • U. S. District Court, Southern District of California
      • Nominated by Ronald Reagan on May 24, 1984, to a seat vacated by Howard B. Turrentine; Confirmed by the Senate on June 15, 1984, and received commission on June 15, 1984. Assumed senior status on July 1, 1998.
    • Education:
      • Princeton University, B.A., 1954
      • Stanford Law School, J.D., 1960
    • Professional Career:
      • U.S. Navy, 1954-1957
      • U.S. Naval Reserve, 1957-1981
      • Private practice, San Diego, California, 1960-1984

    • Other Information:

  • (J) The Honorable Napoleon A. Jones Jr.
    • Born August 25, 1940, in Hodge, LA
    • Federal Judicial Service:
      • U. S. District Court, Southern District of California
      • Nominated by William J. Clinton on June 8, 1994, to a seat vacated by Earl B. Gilliam
      • Confirmed by the Senate on September 14, 1994, and received commission on September 15, 1994.
    • Education:
      • San Diego State University, B.A., 1962
      • San Diego State University, M.S.W., 1967
      • University of San Diego School of Law, J.D., 1971
    • Professional Career:
      • U.S. Army, 1962-1965
      • California Rural Legal Assistance, Modesto, California, 1971-1973
      • Legal intern, 1971-1972
      • Staff attorney, 1972-1973
      • Staff attorney, Defenders, Inc., San Diego, California, 1973-1975
      • Private practice, San Diego, California, 1975-1977
      • Judge, San Diego Municipal Court, California, 1977-1982
      • Judge, San Diego Superior Court, California, 1982-1994
    • Courtroom History and Rulings
      • (MOT) No declarations required for evidentiary hearings
      • (MOT) Has granted recent suppressions, and pre-trial i.d.
      • (MOT) Requires declarations with OST's.
      • (Trial) Trial schedule is 8:00 - 1:30 with no lunch break.
      • (Trial) Allows attorney vior dire.
      • (Sentencing) Tough.
    • Criminal Pretrial and Trial Procedures (click here)
    • Criminal Jury Questionaire (click here)
    • Criminal Change of Plea (click here)

    • Other Information:

       

     

Magistrate Judges (In order of Seniority)

 

 

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